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What is the DMCA?

The DMCA (Digital Millennium Copyright Act) was enacted to provide protection for situations where Innocent Copyright Infringement could happen. To get the protection, you need to take action. Actually, Google advertisers are required to meet some of these requirements.

To get “safe harbor” protection from strict copyright liability, you will have to

  • Post a specific notice on your site often called “Terms of Use? (TOU)
  • File the DMCA Registration Form with the US Copyright Office.

    Section 230...Another Protection or Concern

    Congress provided section 230 (interactive computer services) of the Communications Decency Act which provides: "No provider or user of any interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

    Although Section 230 has eliminated liability for online providers that were publishers and speakers for third party content, that is not the end of the matter.

    Your posts and those of your employees could get you in trouble. Under Section 230 in in theory, you should not be held responsible for comments of others.

    If you assume editorial responsibility, maintain editorial control and fail to screen out defamatory statements, you could be at risk of liability even with the protections of Section 230.

    So. on some sites within their Terms of Use, you will see......to the extent that ________________(name of the site and or owner or holder) exercises editorial control, if at all, over messages, e-mail, posts, or other submissions. Further although you may reserve the right to monitor, disclaim the obligation to monitor posts from visitors.

    If your site gets very popular, it will be beneficial to get an attorney that specializes in this area of law.

    See Section 230 Text

    Do you know the Other Website Legalities to Consider?

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